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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 16. CRIMES AND OFFENSES |
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Chapter 14. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS |
| § 16-14-1. Short title |
| § 16-14-2. Findings and intent of General Assembly |
| § 16-14-3. Definitions |
| § 16-14-4. Prohibited activities |
| § 16-14-5. Criminal penalties for violation of Code Section 16-14-4 |
| § 16-14-6. Available civil remedies |
| § 16-14-7. Forfeiture proceedings |
| § 16-14-8. Period of limitations as to criminal or civil proceedings under this chapter |
| § 16-14-9. Civil remedies as supplemental and not mutually exclusive |
| § 16-14-10. Recognition and enforcement of judgments of other states; reciprocal agreements with other states |
| § 16-14-11. Venue |
| § 16-14-12. Cases of special public importance |
| § 16-14-13. Filing and attachment of lien notice |
| § 16-14-14. Term of lien notice; release, extinguishment, or termination |
| § 16-14-15. Acquisition of record of real property by alien corporation |
REFS & ANNOS
TITLE 16 Chapter 14 NOTE
CROSS REFERENCES. --Organized Crime Prevention Council, T. 35, C. 7.
LAW REVIEWS. --For article, "Georgia Racketeer Influenced & Corrupt Organizations Act," see 20 Ga. St. B.J. 34 (1983). For article, "Private Rico Litigation Based Upon Fraud in the Sale of Securities," see 18 Ga. L. Rev. 43 (1983). For article, "The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?," see 24 Ga. St. B.J. 186 (1988). For article, "Georgia's Baby RICO Comes of Age," see 25 Ga. St. B.J. 153 (1989). For article on the Traps of Federal and Georgia Rico, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999).
For comment, "The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.," see 7 Ga. St. U.L. Rev. 111 (1990).
JUDICIAL DECISIONS
SUFFICIENT SHOWING OF PREDICATE FACTS. --Testimony by defendant's cousin that the cousin saw defendant deliver packages to defendant's mother on several occasions corroborated defendant's mother's testimony that defendant supplied cocaine for sale by family members and was sufficient to sustain defendant's conviction under the Georgia Racketeer Influenced and Corrupt Organization Act, O.C.G.A. § 16-14-1 et seq. McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431 (2002), cert. denied, 537 U.S. 1058, 123 S. Ct. 633, 154 L. Ed. 2d 539 (2002).
INSUFFICIENT SHOWING OF PREDICATE ACTS. --Predicate acts alleged by plaintiffs were so vaguely and ambiguously recited as to fail to demonstrate even a factual relationship to one another, much less a threat of continuing activity. The plaintiff failed to satisfy the pattern-of-activity element by failing to allege facts sufficient to fulfill the "continuity plus relationship" requirement between the predicate acts pleaded in the complaint. Mills v. Fitzgerald, 668 F. Supp. 1554 (N.D. Ga. 1987).
Defendant, county school superintendent, correctly argued that trial court erred in denying defendant's motion for directed verdict as to two predicate acts of theft by taking committed by defendant's two assistants because insufficient evidence was presented from which the jury could find defendant guilty of these two acts. Purvis v. State, 208 Ga. App. 653, 433 S.E.2d 58 (1993).
CITED in Western Bus. Sys. v. Slaton, 492 F. Supp. 513 (N.D. Ga. 1980); Western Bus. Sys. v. Slaton, 502 F. Supp. 746 (N.D. Ga. 1980); Stamps v. Ford Motor Co., 650 F. Supp. 390 (N.D. Ga. 1986); Dover v. State, 195 Ga. App. 507, 393 S.E.2d 760 (1990); Moore v. Barge, 210 Ga. App. 552, 436 S.E.2d 746 (1993); Marshall v. City of Atlanta, 195 Bankr. 156 (N.D. Ga. 1996).
RESEARCH REFERENCES
AM. JUR. 2D. --31A Am. Jur. 2d, Extortion, Blackmail and Threats, § 107 et seq.
Am. Jur. Proof of Facts. --"Pattern of Racketeering Activity" Under the Racketeer Influenced and Corrupt Organizations Act (RICO), 10 POF3d 289.
C.J.S. --15 C.J.S., Commerce, §§ 136 et seq., 147.
ALR. --Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 ALR4th 654.
Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 ALR Fed. 881.
Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 ALR Fed. 667.
Construction and application of § 2J1.3 of United States sentencing guidelines (18 USCS Appx 1.3 § 2J), pertaining to sentencing for perjury, subornation of perjury, witness bribery, and departures therefrom, 131 ALR Fed. 269.
LAW REVIEWS. --For article, "Georgia Racketeer Influenced & Corrupt Organizations Act," see 20 Ga. St. B.J. 34 (1983). For article, "Private Rico Litigation Based Upon Fraud in the Sale of Securities," see 18 Ga. L. Rev. 43 (1983). For article, "The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?," see 24 Ga. St. B.J. 186 (1988). For article, "Georgia's Baby RICO Comes of Age," see 25 Ga. St. B.J. 153 (1989). For article on the Traps of Federal and Georgia Rico, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999).
For comment, "The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.," see 7 Ga. St. U.L. Rev. 111 (1990).
JUDICIAL DECISIONS
SUFFICIENT SHOWING OF PREDICATE FACTS. --Testimony by defendant's cousin that the cousin saw defendant deliver packages to defendant's mother on several occasions corroborated defendant's mother's testimony that defendant supplied cocaine for sale by family members and was sufficient to sustain defendant's conviction under the Georgia Racketeer Influenced and Corrupt Organization Act, O.C.G.A. § 16-14-1 et seq. McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431 (2002), cert. denied, 537 U.S. 1058, 123 S. Ct. 633, 154 L. Ed. 2d 539 (2002).
INSUFFICIENT SHOWING OF PREDICATE ACTS. --Predicate acts alleged by plaintiffs were so vaguely and ambiguously recited as to fail to demonstrate even a factual relationship to one another, much less a threat of continuing activity. The plaintiff failed to satisfy the pattern-of-activity element by failing to allege facts sufficient to fulfill the "continuity plus relationship" requirement between the predicate acts pleaded in the complaint. Mills v. Fitzgerald, 668 F. Supp. 1554 (N.D. Ga. 1987).
Defendant, county school superintendent, correctly argued that trial court erred in denying defendant's motion for directed verdict as to two predicate acts of theft by taking committed by defendant's two assistants because insufficient evidence was presented from which the jury could find defendant guilty of these two acts. Purvis v. State, 208 Ga. App. 653, 433 S.E.2d 58 (1993).
CITED in Western Bus. Sys. v. Slaton, 492 F. Supp. 513 (N.D. Ga. 1980); Western Bus. Sys. v. Slaton, 502 F. Supp. 746 (N.D. Ga. 1980); Stamps v. Ford Motor Co., 650 F. Supp. 390 (N.D. Ga. 1986); Dover v. State, 195 Ga. App. 507, 393 S.E.2d 760 (1990); Moore v. Barge, 210 Ga. App. 552, 436 S.E.2d 746 (1993); Marshall v. City of Atlanta, 195 Bankr. 156 (N.D. Ga. 1996).
RESEARCH REFERENCES
AM. JUR. 2D. --31A Am. Jur. 2d, Extortion, Blackmail and Threats, § 107 et seq.
Am. Jur. Proof of Facts. --"Pattern of Racketeering Activity" Under the Racketeer Influenced and Corrupt Organizations Act (RICO), 10 POF3d 289.
C.J.S. --15 C.J.S., Commerce, §§ 136 et seq., 147.
ALR. --Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 ALR4th 654.
Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 ALR Fed. 881.
Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 ALR Fed. 667.
Construction and application of § 2J1.3 of United States sentencing guidelines (18 USCS Appx 1.3 § 2J), pertaining to sentencing for perjury, subornation of perjury, witness bribery, and departures therefrom, 131 ALR Fed. 269.